R v Burgess [2012] NSWDC 166

R v Burgess [2012] NSWDC 166

Given the offender's extremely low moral culpability, psychiatric disturbance, intention to harm only himself, prior good character, and early guilty plea, a custodial sentence is not required and a bond under s 9 Crimes (Sentencing Procedure) Act is appropriate.

Jurisdiction
Australia
Judgment Date
08 June 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and placed on a bond to be of good behaviour for two years
Legal Topics
['sentence' 'stealing Firearm' 'discharge Firearm in Public Place' 'breach of Trust' 'disordered Thinking']
['criminal Law'] ['sentence' 'stealing Firearm' 'discharge Firearm in Public Place' 'breach of Trust' 'disordered Thinking']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for stealing and discharging firearm by police officer with psychiatric troubles' 'Degree of moral culpability in mental health context' "Consideration of abuse of trust given offender's police status"]

Ratio Decidendi

Given the offender's extremely low moral culpability, psychiatric disturbance, intention to harm only himself, prior good character, and early guilty plea, a custodial sentence is not required and a bond under s 9 Crimes (Sentencing Procedure) Act is appropriate.

Court Disposition

convicted and placed on a bond to be of good behaviour for two years

Orders

  • ['Offender to enter into a bond to be of good behaviour pursuant to s 9 Crimes (Sentencing Procedure) Act for two years.' 'Offender to be of good behaviour, appear before the court if called upon, advise the registrar of any change in residential address, and continue psychiatric treatment as advised by Dr Murray.']